It is conceded that circumstantial evidence is very often the best evidence. It is said to be evidence of surrounding circumstances which by undesigned coincidence is capable of proving a proposition with the accuracy of mathematics. It is no derogation of evidence to say that it is circumstantial.
– Nnamani JSC. Lori v. State (1980)
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“Under our criminal jurisprudence, circumstantial evidence is defined as evidence of surrounding circumstances which by undersigned coincidence is capable of proving a proposition with mathematical exactitude, and that where direct evidence is unavailable, circumstantial evidence which is cogent, compelling and pointing irresistibly and unequivocally to the guilt of the accused is admissible to sustain a conviction. Circumstantial evidence consists of various pieces of evidence which in themselves alone cannot ground conviction, but when put together can constitute a good solid case for the prosecution. Circumstantial evidence is as good as, and sometimes better than any other sort of evidence. See Ukorah v The State (1977) 4 SC (Reprint) page 111 (1977) LPELR 3345 (SC), Peter v The State (1997) 12 NWLR (pt 531) page 1, Adie v The State (1980) 1 – 2 SC page 116 (1980) LPELR – 176 (SC).”
— J.I. Okoro, JSC. State v Ifiok Sunday (2019) – SC.709/2013
The provisions of Section 149 of the Evidence Act enable a Court to accept circumstantial evidence in proof of facts in issue and in particular on proof of cause of death in criminal cases. This has become necessary because in criminal matters, the possibility of always proving the offence charged by direct and positive testimony of eye-witnesses is rare. It is therefore permitted under the provisions of the section to infer from facts proved, the other facts necessary to complete the elements of guilt or establish innocence.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05
What is a heavy blow? Was it a heavy blow with a fist, a plank, a stick, an iron, a rock, from a falling object, from a car, a motor cycle or what? There is no indication from the evidence on record. The absence of this vital link from the evidence of P.W. 1 goes to show the weakness in the chain of circumstantial evidence, which the learned trial judge regarded as strong. The chain of evidence was therefore not complete to link the crime with the stick allegedly held by the appellant when he decided to pursue the deceased. There is no evidence circumstantial or otherwise, which conclusively established that the injuries, which caused the death, was attributable to the application of the stick. Of course the stick was not described. Was it a big stick, a small stick, a thin stick; was it a strong or weak stick? There was no answer.
— Obaseki, JSC. Adie v. State (1980) – SC24/1978
But the circumstantial evidence sufficient to support a conviction in a criminal trial, especially murder, must be cogent, complete and unequivocal. It must be compelling and must lead to the irresistible conclusion that the prisoner and no one else is the murderer. The facts must be incompatible with innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
– Nnamani JSC. Lori v. State (1980)
It is true that there are cases in which circumstantial evidence may be the best evidence when it is capable of proving a proposition with the precision of mathematics but I am afraid this is not the case here. An inference of the guilt of the accused cannot be drawn from mere coincidences and suspicions as the learned trial Judge has done in this case. It is my view that the evidence in this case is very inadequate to prove beyond reasonable doubt that the appellant was guilty of the offence of murder.
– OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994)
The ascription of these injuries to the application of a stick, which was not produced, the size of which was not testified to or ascertained, and which was not acknowledged by the doctor P.W.1 as capable of causing the injuries is a serious misapplication of facts and miscarriage of justice. The chain of evidence necessary to lead irresistibly to the guilt of the appellant is not complete in this case. It may well be helpful to remind ourselves what circumstantial evidence is – Circumstantial evidence is as good as, sometimes better than any other sort of evidence, and what is meant by it is that there is a number of circumstances which are accepted so as to make a complete unbroken chain of evidence. If that is established to the satisfaction of the jury, they may well and properly act upon such circumstantial evidence.
— Obaseki, JSC. Adie v. State (1980) – SC24/1978
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